Monday, February 23, 2015

What do you do when you have no money & the Judge denies you a PD? ~ Chosen "Best Answer" on AVVO.com ~ Call Michael A. Haber, Esq. @ **ARRESTED

Q:     I have no money and was denied a lawyer (Denied 6th Amendment rights) what can I do next? The judge took away my public defender even after I documented that I cannot afford a lawyer. Everything went bad after I asked the public defender about my missing VA medications from car and the conflicting statements from the detectives paperwork regarding photo line-up & witness statements. What should I do next. I do not want to challenge the sheriff's integrity, I just want to show I'm the wrong guy. Thank you.



A:  Chosen as "Best Answer" by Asker!





1

Best Answer
chosen by asker
Answered You cannot be denied counsel if you are indigent.

If the Judge denied you the services of the PD then a determination has almost certainly been made that you can afford to hire a lawyer. My guess is that you own a car or have some asset(s) which the Judge determined can be sold so as to permit you to hire your own counsel.  This is uncomfortable, and unpleasant, but neither unheard of nor is it unlawful.

However, if this is NOT accurate, then I suggest that you call the Judge's Judicial Assistant and ask politely that your case print out on her/his calender for "report re counsel".  When you go to Court calmly explain to the Judge that you understand her/his ruling but still, you cannot afford to hire counsel and that you are merely in Court seeking to "make a record" of your financial status and the court's ruling about appointed counsel in your case.

There are precious few things that scares a Judge but being reversed, and having to re-try a case, is one of those things that will usually make a Judge think long and hard about reconsidering prior rulings.

Just remember to be as humble and respectful as possible, and also that the Judge's final ruling, no matter how ridiculous, stupid or inane it may be, stands, unless and until s/he is reversed on appeal.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 


Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

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